Click the Take Action button and call your Senator TODAY to ask them to Vote NO on SB 567!
SB 567 could be voted upon as early as Wednesday, May 24!

SB 567 could be taken up for a vote on the Senate Floor as early as Wednesday, May 24.

Call your Senator today and ask them to vote NO on SB 567 (Durazo) – because it will hurt small housing providers.

SB 567 violates the legislative agreement reached on AB 1482, the Tenant Protection Act of 2019 (the “rent cap” law), by dramatically expanding its provisions to impose even greater restrictions.

C.A.R OPPOSES SB 567 (Durazo), which expands AB 1482’s “just-cause” eviction provisions, making it even more difficult for housing providers to terminate tenancies when necessary. SB 567’s expansion of these “just-cause” eviction provisions will harm small housing providers by changing the rules on which they have come to rely and which were just enacted three years ago in AB 1482.

Background

AB 1482 subjected most rental properties in the state to statewide rent caps and “just-cause” eviction provisions for terminating tenancies. AB 1482 was the result of extended negotiations between the Governor, the Legislature, and stakeholders to come up with a statewide measure that would restrict tenant rent increases and restrict a housing provider’s ability to terminate a tenancy, but that would not drive housing providers out of the business. While most housing providers oppose these restrictions, they have learned how to work with them when planning for the operation of their businesses.

SB 567 undoes the legislative agreement reached on AB 1482 by, among other things, making it more difficult for small housing providers to move elderly relatives, or their adult children and grandchildren or other family members, into a unit on their property. Also, the bill makes it more difficult for small housing providers to exit the rental housing business, even if they are suffering financial hardship and need to get out.

C.A.R. is OPPOSING AB 567 because:

Current law is already among the strongest in the nation. Current state law already provides some of the most stringent renter protections in the nation. Specifically, AB 1482 already establishes a statewide rent cap and provides “just-cause” eviction protections for renters.

Small housing providers have come to rely on this balanced approach. SB 567 upends the agreement reached by the Legislature on AB 1482 and changes the rules applied to small housing providers just three years after they were enacted, thereby pulling the rug out from underneath small housing providers.

It disproportionately harms small housing providers and especially small housing providers of color. Costs associated with the care of elderly parents and family members disproportionately burden individuals and families of color and those without generational wealth. To alleviate some of these cost pressures, small housing providers who own a small property will move in an elderly parent or family member to provide both housing and care. SB 567 makes it more difficult for these housing providers to move in and care for an elderly family member.

It dramatically changes the rules midstream. In 2020, millions of small rental properties became subject to the rent cap and “just-case” eviction provisions established by AB 1482. Then the pandemic hit just three months after the bill took effect, forcing small housing providers to comply with a complicated new law while also navigating eviction moratoriums and trying to keep food on the table for their families. SB 567 will subject these properties to more radical restrictions – just as small housing providers were starting to recover and stay afloat financially.

Please call your Senator today and ask them to vote NO on SB 567 (Durazo) – a bill that violates the legislative agreement reached on AB 1482, the Tenant Protection Act of 2019 (the “rent cap” law), by dramatically expanding its provisions to impose even greater restrictions on small housing providers.

Gas Water Heater and Furnace Ban

On Wednesday, March 15, the Bay Area Air Quality Management District (BAAQMD) Board of Directors will vote to ban natural gas water heaters in each of the Bay Area’s nine counties by 2027 and natural gas furnaces by 2029. CONTACT your local representatives to the BAAQMD NOW to voice your opposition!

The Bay Area Counties impacted by this ban are:  Marin, Napa, Solano, Sonoma, San Francisco, San Mateo, Alameda, Contra Costa, and Santa Clara.

This ban will impact homeowners, housing providers, and even tenants.  Not only is it expensive to replace gas appliances with electric versions, but in most cases, homeowner will have to upgrade their electrical service, electrical panel, and interior wiring.

These upgrades could cost a homeowner tens of thousands of dollars to hundreds of thousands of dollars, depending upon the age of the home.

Some housing providers may not be able to afford this work and may have to sell their rental unit which harms tenants.  Furthermore, this proposed ban does not account for our seniors on a fixed income or those households who do not have the resources to pay for costly electrical upgrades.

All local Bay Area REALTOR® Associations understand how critical the environment is in our region’s quality of life.

There are better ways to protect the environment without putting homeowners and housing providers, and tenants at risk.  Financial incentives and grant programs for those homeowners wanting to convert to electric furnaces and water heaters is an alterative to an out-right ban on the sale and installation of these gas appliances.

Further information:

Regionally, two Potential Electrification Conversion Cost Studies have been conducted by the San Mateo County Association of REALTORS® and the Santa Clara County Association of REALTORS®. This will give you an idea of the costs that might be associated with conversion to all-electric. *Please note: electrical contractors interviewed for these studies cautioned that the costs they provided were those without a conversion mandate in place – anticipate significantly higher costs if a mandate is passed.

CA COVID-19 Rent Relief

 

UPDATE: HOUSING PROVIDERS WILL NOW RECEIVE 100% OF THE BACK RENT OWED.

 

Santa Clara County tenants and landlords, please note the following updates to the rent relief program:

  • The Santa Clara County local rent relief program is live! The program is targeted towards  Extremely Low-Income tenant households (≤30% of AMI) and will also connect eligible tenants to other programs to keep them stably housed. Visit www.sccrenthelp.org for more information and to apply for rent relief.
  • Some Santa Clara County Extremely Low-Income tenant households (≤30% of AMI) who applied on the State’s website between March 15th and May 1st, may have received an email from the program that they were “rejected” and must apply through the local program.
  • Landlords should not wait to apply. The State has represented that they are committed to funding 100% of the rental arrears and are working on making sure landlords with previously submitted applications will receive 100% of the qualifying rent arrearage.

 

As of March 15, 2021, the state has begun to accept applications to distribute the first $2.6 billion of direct rental assistance. This was allocated to California from the December 2020 federal stimulus package. Tenants and housing providers will be eligible for up to a year of unpaid back rent (April 2020 through March 2021) and allow up to three months of future rent payments (April 2021 through June 2021), depending on the availability of funds. Both tenants and housing providers are eligible to apply if certain criteria are met. 

    • The program is voluntary for housing providers to participate and apply
  • Tenants of housing providers who do not opt in to the program will be eligible to apply for a 25% payment of unpaid rent so they will be protected monthly from the eviction moratorium until it expires.

The bill prioritizes households with the highest need for rent relief, targeting households with less than 80% area median income (AMI) and utilizing rounds to prioritize those who need rent relief the most:

  • Round 1: Below 50% AMI or unemployed for 90 days.
  • Round 2: Income below 80% AMI and in a community disproportionately impacted by COVID-19.
  • Round 3: Everyone below 80% AMI not addressed in round 1 or 2 above.

The state has created a housing provider checklist and a tenant checklist for the requirements to complete a rental assistance application.

The portal that you can use to apply for state rental assistance is now live.

The City of San Jose and the County of Santa Clara will receive additional funds to implement local rental assistance programs. These local programs will give first priority to extremely low-income tenants making 30% or less of the Area Median Income (AMI). Local aid has been made available and applications are accepted at the same link as above.

The most recent federal stimulus package has been signed into law (American Rescue Plan) and will allocate additional funds to these rental assistance programs, as well as a homeowner assistance fund (mortgage assistance, unpaid utilities, and more).

 

In order to preserve their rights to seek damages and pursue unlawful detainer lawsuits against non-paying tenants after the expiration of the eviction moratorium on June 30, 2021, and their rights to apply for missed rent assistance, landlords must follow these procedures:

  • No later than February 28, 2021: Provide tenants who missed rent payments between April 1, 2020 through February 1, 2021 with an informational notice of the extension of the Act and the establishment of the rental assistance program. An example of this notice prepared by the California Department of Real Estate is available here. Landlords who do not timely provide this notice cannot serve tenants with a 15-Day Notice to Pay Rent or Quit (described below).
  • Each time a tenant fails to pay the rent due for a rental period (typically the first of the month), serve the tenant with:
  • (1) a “Notice from the State of California” – An example of this notice prepared by the California Department of Real Estate is available at this link.
  • (2) a blank “Declaration of COVID-19-Related Financial Distress” – An example of this notice prepared by the California Department of Real Estate is available at this link.
  • (3) a “15-Day Notice to Pay Rent or Quit” – An example of this notice prepared by the California Department of Real Estate is available at this link.
  • If the landlord has information on file that the tenant is a “high-income tenant” who makes over 130% of the median income in that county, they may request additional information proving the hardship. An example of this notice to be used in this circumstance prepared by the California Department of Real Estate is available at this link.

The California Association of REALTORS recently hosted a webinar on SB 91, which can be viewed here (required C.A.R. login).

The SCCAOR General Membership Meeting was held on Thursday, February 18, 2021. It featured guest speakers Tommy Choi and Kristian Hoysradt from the National Association of REALTORS®. We also heard state updates from Sean Bellach,  Government Affairs Field Representative from the California Association of REALTORS®.

Mark Messimer from MLSListings, Inc., gave an industry update and a preview of his upcoming MLS Monday session. Finally, we heard a report from Gustavo Gonzalez on the recent C.A.R. Winter meetings and a quick SCCAOR update from Spencer High.

Watch the recording here:

Congressional leaders struck a deal Sunday on a nearly $900 billion coronavirus relief bill that will bring a new round of support to millions of Americans before year’s end. The bill passed both houses of Congress yesterday, and the President signed it into law earlier this week.

The agreement contains many priorities championed by NAR, including rental assistance, a fresh round of funding and simplified forgiveness for SBA loans, and more direct payments to Americans.

“Through this bill, our members will continue to have access to unemployment and small business assistance.  But perhaps one of the biggest wins is rental assistance, which we have fought hard for since the last major COVID-19 bill was passed in April. It will bring instant relief to both mom-and-pop property owners and American families in danger of going over a financial cliff at the end of the year,” says Shannon McGahn, chief advocacy officer for NAR.

“While this bill hit more traditional political obstacles than the ones passed earlier this year, it was always a must-pass bill,” McGahn says.  “One in five of our members took out a PPP loan. We made sure that Congress knew these items were critical to America’s 1.4 million REALTORS® and the economy as a whole.”

Specifically, the agreement reportedly:

  • Provides a new round of direct stimulus payments of $600 to most Americans including dependents
  • Extends all unemployment assistance, including the Pandemic Unemployment Assistance (PUA), through April 19, 2021, with a $300 weekly boost in payments through  March 14.
    • Unemployment benefits are extended to the self-employed
  • Provides an additional $284 billion for Paycheck Protection Program (PPP) loans and $20 billion for Economic Injury Disaster Loans (EIDL) grants
    • Allows certain eligible businesses to receive a second PPP loan
    • Creates a simplified forgiveness process for most PPP borrowers
    • Allows for deductibility of business expenses paid for with PPP funds
  • Provides $25 billion to the states through Sept. 30, 2022, for rental assistance and allows landlords to apply for funds on behalf of tenants
    • Includes payments for rent in arrears as well as utilities and other expenses related to housing
    • Extends federal eviction ban through the end of January
  • Provides $7 billion to states for broadband expansion, including $300 million for rural broadband
  • Provides new money for schools and vaccine distribution

Read more on NAR’s website about how this will impact your real estate business.

By Sandy Jamison

As I reflect back on this interesting year of 2020 I think back to my initial vision for the year: “A Strategic Vision For The Future.”  While there is no way I could have possibly visualized or predicted a year quite like this great pandemic, I can say however, that the challenges have created opportunities that will leave our association and many of our members stronger than before.  We have achieved some great advances throughout the year and we will come out of this stronger than we went into it.  You know the saying, “That which doesn’t kill you makes you stronger.”  This year has made the association stronger and we are very well positioned as we head into 2021.

It’s been an honor to be able to serve as your President through this fascinating year.  It’s a year to remember and one that I will never forget.  It’s been a year full of ups and downs personally and professionally.  We have new professional and societal norms that will become new ways of life.  This will become an iconic year of 2020 that will leave a lasting mark on all of our lives.

My goal this year was to make sure that I leave the Association in a better position than it was when I stepped into the role. I believe I have accomplished that mission with the help and dedication of the entire staff at SCCAOR, the Board of Directors, and all the volunteers who give of themselves tirelessly for the benefit of all of our members.

Looking back to the beginning of the year, my Top 3 Goals to have a clear vision for 2020 were:

1 – MEMBERS:  Provide Best-in-Class Member Benefits at the most Competitive Prices while Strengthening the Association.

2 – ADVOCACY: Develop and Implement Best-in-Class Communications Strategies to Enhance Member Engagement and Advocacy Impact.

3 – OPERATIONS: Focus on Operational Excellence through Process and Technology Implementations to Improve Productivity and Efficiency.

Despite COVID setbacks we actually accomplished quite a lot of our goals for the year.  Some people may believe we’ve been sitting around at home not working, but to the contrary, Neil and the entire SCCAOR staff have been very busy this year implementing a lot of great new systems and tools.  Let me tell you about a few of the behind-the-scenes projects we accomplished this year…

For the back office we implemented a new mobile payment and expense processing system.  We no longer have to drive to the office to sign checks or manually process the bills.  We rolled out TinyPulse, an organizational satisfaction tool for the staff.  We hired a financial consultant to assist SCCAOR with their assets and investments.  We implemented EveryActionCRM, which is an advocacy tool to manage key contacts, Red Alerts, campaigns, and key issues for our Government Relations team.  We also approved a new full time PR person for 2021 to help promote SCCAOR’s messages to the public in order to make a larger impact.  Along with approving the PR person to start in 2021, we also approved the implementation of a PR management and tracking tool to go complement our advocacy and communications goals.

For our members we finally found a web-based training solution, AgentEDU, and rolled it out to our members as a free benefit.  We had already rolled out Zoom room technologies before the pandemic to facilitate remote meetings – this was a savior when the pandemic hit as we were already set up.  We changed out our online storefront technology to make it more intuitive and user friendly.  Online sales have picked up significantly and now members can buy materials more easily.  We continued to allow photography appointments, drive-by store pickups and appointments with customer service for members needing assistance.  While all the nearby associations closed up shop and declined appointments, SCCAOR found a way to continue to serve our members needs both in San Jose and in South County.

SCCAOR reacted quickly and adapted the business swiftly to find ways to continue to serve our members and keep everyone informed of the constantly changing health order guidelines.

While we started off the beginning of the year looking at our MLS challenges and opportunities, that is the one project we were not able to complete due to the pandemic.  I truly hope the members and future board will take a close look at how our MLS solution could better service our members into the future.  Just know I will continue to advocate for all of our members and look for opportunities to make our industry stronger.

So what does all of this mean for you?  Well, we delivered on our theme…”a Strategic Vision for The Future”.  We improved our operational efficiencies, we strengthened our Advocacy effectiveness, and we delivered more value and resources to our members.  It’s been an amazing year of growth through the implementation of new systems across the board.  Through the implementation of these systems, we have more reporting available, more management capabilities and therefore a CLEARER MORE STRATEGIC VIEW OF THE FUTURE.

I feel like I am just getting started and I have so much more I want to accomplish for our members especially around new member tools…but sadly I only had 1 year as President and I was given ‘The Great Pandemic of 2020’.  So I will soon be rolling out and handing over the torch to Doug Goss in January.  I know that Doug will be a great President for next year and I hope he will continue to deliver on some exciting new resources for our members.  The best of all…is that we have an amazing staff at SCCAOR who really stepped up this year on so many levels.  I couldn’t be more proud of them and I want to give them a huge thank you for being so dedicated to our membership and mission at SCCAOR.  I also want to thank the entire membership and our Board of Directors for allowing me to lead this year.  It’s been an honor and a heartwarming experience.  I truly felt blessed and appreciated by so many of you throughout the year.  I can’t wait until we can gather again and I can start giving out hugs again.

Until then…Thank you and I wish you all a VERY MERRY CHRISTMAS, a HAPPY NEW YEAR and a big hug from me to all of you.

Members of the Santa Clara County Association of REALTORS® (SCCAOR) donated hundreds of toys and pajamas at their recent drive-through Toy Drive event. In addition to the donations, a total of $3950 was raised online, with everything going to the Kinship, Adoptive and Foster Parent Association (KAFPA). 

“The REALTOR® Community has once again shown their incredible support for a great cause,” said Sandy Jamison, SCCAOR President. “KAFPA does amazing work for foster kids in our community. We couldn’t all meet in person this year but I am amazed at all the toys and money that was raised by our members.”

KAFPA is a nonprofit that provides resources and advocates for the needs of foster and adoptive families in Santa Clara County. Denise Marchu, the Program Director at KAFPA, said that year, in particular, has been very difficult.

“Several of our biggest donors have not been able to get us gifts for the children and we were worried we would not have enough toys,” she said. “However, with the generosity of SCCAOR, we are now able to assure our families that we will be able to serve all our children.”

The SCCAOR Toy Drive usually occurs each year during a Member Appreciation Holiday Party. Due to the pandemic and social distancing restrictions, the party had to be canceled and many were left wondering if the toy drive would also be postponed. 

“We knew we had to shift this event around to make it both safe and successful,” said Jodee Sousa, SCCAOR Events and Education Manager. “We had members drive-through our parking lot with their donations inside their trunk. When they pulled up, a staff member removed the toys and pajamas and placed a holiday goodie bag inside their trunk as a token of our appreciation.”

KAFPA will deliver these toys to foster children ranging in age from birth to 21 years old.

“They come from all walks of life, usually with nothing but the clothes on their back,” Marchu said.” Our families provide everything for them from necessities to emotional support. You have no idea how much it means to our foster parents and the children when they know the community is supporting them.”

The REimagine! Real Estate Virtual Conference and Expo was put on by the California Association of REALTORS® and took place from October 12-14. It featured a full lineup of thought leaders, keynote speakers and other real estate professionals.

Did you miss any of the sessions? No worries! C.A.R. is hosting all the sessions “On Demand” until December 16!